Legal Opinion

Ward v. State

Supreme Court of Alabama

Decided December 19, 1907PublishedCited by 10 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. S. L. Weaver. Kosa Ward was convicted of assault and battery, and sbe appeals. Affirmed. The defendant was charged with assaulting Florence Walker with intent to murder her. The pleas were not guilty, and not guilty by reason of insanity.

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Appeal from Jefferson Circuit Court. Heard before Hon. S. L. Weaver. Kosa Ward was convicted of assault and battery, and sbe appeals. Affirmed. The defendant was charged with assaulting Florence Walker with intent to murder her. The pleas were not guilty, and not guilty by reason of insanity. On the cross-examination of Florence Walker, the defendant asked her the following questions: “Was Ed Ward, the husband of the defendant, at your house at the time of the cutting?” “Did you know the husband of the defendant, Ed Ward?” “Have you ever had any illegitimate relations with the husband of the…

1Opinion of the CourtAnderson, J.

— The objection to questions to the witness Florence Walker as to Ed Ward, the husband of defendant, were properly sustained. It ivas not relevant or material under the plea of not guilty. Nor does the record sIioav that it was relevant under the plea of insanity. It might have become relevant in connection with other evidence tending to establish insanity; but we cannot put the trial court in error for sustaining the objections, in the absence of any evidence or offer of any evidence rendering it relevant or material and which was not introduced or offered.

The indictment charged a felony, an…

2Cited by10 opinions

  1. Deutcsh v. StateCourt of Criminal Appeals of Alabama · 1992
  2. Shikles v. StateAlabama Court of Appeals · 1944
  3. Hays v. StateSupreme Court of Alabama · 1913
  4. Barnes v. StateAlabama Court of Appeals · 1943
  5. Beavers v. StateCourt of Criminal Appeals of Alabama · 1987

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